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Full-Text Articles in Law
Mass Torts And Due Process, Sergio J. Campos
Mass Torts And Due Process, Sergio J. Campos
Vanderbilt Law Review
As the old saying goes, hard cases make bad law. But hard cases also reveal the limits of legal doctrine. In this Article, I turn to a class of hard cases--mass torts--to rethink the law of procedural due process under the Due Process Clause. Mass torts have long perplexed courts and scholars. They include torts caused by asbestos and other toxic chemicals, pharmaceuticals, oil spills, and other mass-produced products and services. The plaintiffs not only suffer significant injuries, but the sheer number of plaintiffs, each with claims that raise unique fact and legal issues, stretch judicial resources to the limit. …
Policing The Police: Clarifying The Test For Holding The Government Liable Under 42 U.S.C. § 1983 And The State-Created Danger Theory, Jeremy D. Kernodle
Policing The Police: Clarifying The Test For Holding The Government Liable Under 42 U.S.C. § 1983 And The State-Created Danger Theory, Jeremy D. Kernodle
Vanderbilt Law Review
On October 20, 1980, as Barbara Piotrowski left a donut shop, a man hired by her ex-boyfriend to kill her shot her four times in the chest. Within twenty-four hours, the Houston Police Department ("HPD") arrested the gunman and his driver and obtained heir confessions. Piotrowski's millionaire ex-boyfriend moved to England and was never arrested nor brought to trial.
Fifteen years later, Piotrowski sued the City of Houston under 42 U.S.C. § 1983 for depriving her of her constitutional right to life and liberty and equal protection. She based her lawsuit primarily on information that a month before the shooting, …
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
Vanderbilt Law Review
The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process--Replevin Statutes Allowing Seizure of Property Without Notice and Opportunity for Hearing Violate Due Process Clause of Fourteenth Amendment
Constitutional Law--Right to Counsel--Absent Waiver,No Defendant May Be Imprisoned Unless Represented By Counsel At Trial
Federal Rules of Civil Procedure-Class Actions-Class Action Alleging Similar Injury by Separate Defendants Who Acted Similarly but Independently Allowed Under Rule 23(b)(3)
Securities Regulation--Securities Act of 1933-Access Of All Offerees To Additional Desired Information Required For Section 4(2) Private Offering Exemption
Torts-Joint Tort-feasors--Apportionment of Damages Among Negligent Joint Tort-feasors Based upon Relative Responsibility of Parties
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT
CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX
CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER
DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT
DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE
FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS
INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES
NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS
NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT
SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER
TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …